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S6902 - Details

S6902 - Summary

Relates to defining and prohibiting an accessory to accelerate the firing rate of a semiautomatic weapon.

S6902 - Sponsor Memo

BILL NUMBER: S6902
TITLE OF BILL : An act to amend the penal law, in relation to
defining and prohibiting an accessory to accelerate the firing rate of
a semiautomatic weapon
SUMMARY OF PROVISIONS :
Section 1 of the bill amends section 265.00 of the penal law to add a
new subdivision 26 defining the term "accessory to accelerate the
firing rate of a semiautomatic weapon" as any instrument, attachment,
weapon or appliance causing or intended to cause the firing rate of a
semiautomatic weapon to increase.
Section 2 of the bill amends subdivision 2 of section 265.02 of the
penal law, as amended by chapter 764 of the laws of 2005, to prohibit
the possession of an accessory to accelerate the firing rate of a
semiautomatic weapon under the class D felony of criminal possession
of a weapon in the third degree.
Section 3 of the bill amends subdivisions 2 and 3 of section 265.10 of
the penal law, subdivision 2 as amended by chapter 257 of the laws of
2008 and subdivision 3 as amended by chapter 189 of the laws of 2000,
to prohibit the transport, shipment, or disposition (including sale)
of an accessory to accelerate the firing rate of a semiautomatic
weapon. Violations of these subdivisions constitute a class D felony.

Section 4 of the bill amends subdivision 3 of section 265.15 of the
penal law, as amended by chapter 257 of the laws of 2008 to create an
evidentiary presumption that an accessory to accelerate the firing
rate of a semiautomatic weapon present in an automobile is in
possession by all persons occupying the vehicle at the time it is
found.
Section 5 of the bill is the effective date.
JUSTIFICATION :
"Bump stocks" or gunstocks designed to enable bump fire are devices
that can be affixed to semi-automatic firearms that enable them to
fire more rapidly and mimic the effects of an automatic weapon or
machine gun. They use the gun's recoil to hit against the shooter's
shoulder, allowing the trigger finger to stay in place and thus fire
much faster.
According to law enforcement officials, Las Vegas shooter Stephen
Paddock outfitted at least twelve of the rifles he used to kill 59
people and injure over 520 on October 1, 2017 with bump stock devices.
Paddock was thus able to fire hundreds of rounds per minute and
replicate the effects of an automatic weapon, leaving unimaginable
carnage in his wake.
In New York, it is illegal to modify a firearm or weapon in such a way
that it effectively becomes an automatic weapon or machine gun.
However, devices like bump stocks are not illegal per se. There is no
justifiable or lawful purpose for one to own these devices.
This bill would add possession of accessories to accelerate the firing
rate of a semiautomatic weapon, including bump-fire stocks, to the
class D felony of criminal possession of a weapon in the third degree.
The legislation would also prohibit the transportation, shipment or
sale of such accessories in New York.
LEGISLATIVE HISTORY :
New bill.
FISCAL IMPLICATIONS :
None.
EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

S T A T E O F N E W Y O R K
________________________________________________________________________
6902
2017-2018 Regular Sessions
I N S E N A T E
October 6, 2017
___________
Introduced by Sens. HOYLMAN, BROOKS -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to defining and prohibiting
an accessory to accelerate the firing rate of a semiautomatic weapon
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 265.00 of the penal law is amended by adding a new
subdivision 26 to read as follows:
26. "ACCESSORY TO ACCELERATE THE FIRING RATE OF A SEMIAUTOMATIC WEAP-
ON" MEANS ANY INSTRUMENT, ATTACHMENT, WEAPON OR APPLIANCE CAUSING OR
INTENDED TO CAUSE THE FIRING RATE OF A SEMIAUTOMATIC WEAPON TO INCREASE.
S 2. Subdivision 2 of section 265.02 of the penal law, as amended by
chapter 764 of the laws of 2005, is amended to read as follows:
(2) Such person possesses any explosive or incendiary bomb, bombshell,
firearm silencer, ACCESSORY TO ACCELERATE THE FIRING RATE OF A SEMIAUTO-
MATIC WEAPON, machine-gun or any other firearm or weapon simulating a
machine-gun and which is adaptable for such use; or
S 3. Subdivisions 2 and 3 of section 265.10 of the penal law, subdivi-
sion 2 as amended by chapter 257 of the laws of 2008 and subdivision 3
as amended by chapter 189 of the laws of 2000, are amended to read as
follows:
2. Any person who transports or ships any machine-gun, firearm silenc-
er, ACCESSORY TO ACCELERATE THE FIRING RATE OF A SEMIAUTOMATIC WEAPON,
assault weapon or large capacity ammunition feeding device or disguised
gun, or who transports or ships as merchandise five or more firearms, is
guilty of a class D felony. Any person who transports or ships as
merchandise any firearm, other than an assault weapon, switchblade
knife, gravity knife, pilum ballistic knife, billy, blackjack, bludgeon,
plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag or
slungshot is guilty of a class A misdemeanor.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13586-01-7

S. 6902 2
3. Any person who disposes of any machine-gun, assault weapon, large
capacity ammunition feeding device [or], firearm silencer OR ACCESSORY
TO ACCELERATE THE FIRING RATE OF A SEMIAUTOMATIC WEAPON is guilty of a
class D felony. Any person who knowingly buys, receives, disposes of, or
conceals a machine-gun, firearm, large capacity ammunition feeding
device, rifle or shotgun which has been defaced for the purpose of
concealment or prevention of the detection of a crime or misrepresenting
the identity of such machine-gun, firearm, large capacity ammunition
feeding device, rifle or shotgun is guilty of a class D felony.
S 4. Subdivision 3 of section 265.15 of the penal law, as amended by
chapter 257 of the laws of 2008, is amended to read as follows:
3. The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm, large capacity ammunition feeding device,
defaced firearm, defaced rifle or shotgun, defaced large capacity ammu-
nition feeding device, firearm silencer, ACCESSORY TO ACCELERATE THE
FIRING RATE OF A SEMIAUTOMATIC WEAPON, explosive or incendiary bomb,
bombshell, gravity knife, switchblade knife, pilum ballistic knife,
metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, plastic
knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is
presumptive evidence of its possession by all persons occupying such
automobile at the time such weapon, instrument or appliance is found,
except under the following circumstances: (a) if such weapon, instrument
or appliance is found upon the person of one of the occupants therein;
(b) if such weapon, instrument or appliance is found in an automobile
which is being operated for hire by a duly licensed driver in the due,
lawful and proper pursuit of his or her trade, then such presumption
shall not apply to the driver; or (c) if the weapon so found is a pistol
or revolver and one of the occupants, not present under duress, has in
his or her possession a valid license to have and carry concealed the
same.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.

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